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Night work of private sector employee
Verified 14 December 2023 - Legal and Administrative Information Directorate (Prime Minister)
Outcome of the negotiations between the social partners (employers and employees)
Rest given by the employer for a period equal to the hours worked
Night work is justified by the need to ensure the continuity of the company's activity. He must be exceptional. The employer may in this case make the employees work at night. We're doing an update on the regulations.
What applies to you ?
Regulations vary depending on whether a collective agreement on night work is applicable in the company or not.
Collective Agreement
The period of night work shall be defined by collective agreement.
This period is different in certain sectors of activity.
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General case
The collective agreement defines the period of night work.
This period is 9 hours straight. It includes the interval between midnight and 5 a.m..
This period shall start at the earliest 21 hours and shall end no later than 7 hours.
Press
In the editorial and industrial press production sector, the night working period is 7 hours or more in a row.
It includes the interval between midnight and 5 a.m..
Radio, television, cinema
The night work period is 7 hours or more in a row.
It includes the interval between midnight and 5 a.m..
Live entertainment or nightclubs
The night work period is 7 hours or more in a row.
It includes the interval between midnight and 5 a.m..
Retail in International Tourist Areas (ITZs)
Rules vary depending on whether night work begins before 10 p.m. or after 10 p.m.
Night work begins before 10 pm
In retail establishments situated in ZTI, the night work period shall be 9 hours or more in a row.
It includes the interval between midnight and 7 a.m..
Night work begins after 10 p.m
In retail establishments situated in ZTI, night work may not be less than 9 hours.
It's at least 7 consecutive hours.
It includes the interval between midnight and 7 a.m..
The collective agreement defines the employees concerned.
It clarifies the following points:
- Frequency and number of hours worked at night. Example: employee who works 2 times a week, 2 hours of work on the night time slot.
- Minimum number of hours of night work and reference period. Example: Employee who works 200 hours on the night time slot of 1er January to December 31.
An online service allows you to search for a collective agreement:
Search Extended Collective Agreement
FYI
the night work for young people under 18 is prohibited. In certain sectors (e.g. bakery), derogations from this prohibition may be given by the labor inspector.
Daily Duration
The collective agreement defines the maximum daily duration of night work.
In the absence of any details in the Agreement, the daily duration night work may not exceed 8 hours in a row.
Weekly Duration
The collective agreement defines the maximum weekly duration of night work.
This period, calculated over a period of 12 consecutive weeks, may not exceed 40 hours per week on average.
If the activity of the sector so warrants, the collective agreement may increase this maximum weekly duration to 44 hours over 12 consecutive weeks.
The collective agreement defines the daily rest period.
In the absence of any details in the agreement, night workers shall be entitled to daily rest of 11 hours must be taken after the period worked.
The collective agreement sets out the counterparties for night work.
Those counterparties in the form of compensating rest are mandatory.
A salary increase may be added to the compensatory rest.
FYI
The collective agreement may also provide for compensation for employees who do not have the status of night workers (for example, a pay increase for exceptional night work).
The fact of working night shifts allows the employee to benefit from a certain number of guarantees.
Does the night worker have specific medical supervision?
Before being assigned to a night shift, the night worker must spend a information and prevention visit (Vip).
This visit is carried out by a health professional (e.g. an occupational doctor, a nurse).
The occupational physician may prescribe additional specialized examinations. They are the responsibility of the employer.
Can you force a worker to work at night?
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General case
The employer cannot impose night work on a day worker.
Assignment to a night shift is a amendment of the contract of employment that the employee may refuse.
If the employee refuses, the employer may cancel the proposed amendment to the employment contract or initiate dismissal proceedings.
Imperative family obligations
If night work is incompatible with overriding family obligations (e.g. childcare), the employee's refusal to work at night is not misconduct or grounds for dismissal.
Can the night worker request a return to a day shift?
In some cases, night workers may be assigned to a day shift.
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Imperative family obligations
If night work is incompatible with overriding family obligations (e.g. childcare), the employee may ask to work on a day shift subject to availability.
Health reasons
If the employee's state of health, as ascertained by the occupational doctor, so requires, the employee shall be assigned to a day shift.
This position corresponds to his qualification.
At his request, or if the occupational doctor so recommends, the pregnant employee or who has just given birth has been reclassified to a day shift.
Personal Suitability
If the employee wishes to occupy or resume a day job, he or she shall be accorded priority for the assignment of a job of his or her occupational category or equivalent.
The employer must inform him of the corresponding jobs available.
FYI
this priority of employment also applies if a day worker wishes to take up or take up a night shift.
Other situation
Any work done between 21 hours and 6 hours is considered night work.
If the characteristics of the company's activity so warrant, the labor inspector may authorize the definition of another period.
This period is different in certain sectors of activity.
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General case
Any work done during a period ofat least 9 consecutive hours including the interval between midnight and 5 hours is considered night work.
The night work period shall begin not earlier than 9 p.m. and end not later than 6 a.m.
If the characteristics of the company's activity so warrant, the labor inspector may authorize the definition of another period.
This decision shall be taken after consultation with the trade union representatives and after consulting the Social and Economic Committee (ESC), if any.
Press
In the editorial and industrial production of the press, the period of work completed between midnight and 7 a.m. is considered night work.
Radio, television, cinema
The period of work completed between midnight and 7 a.m. is considered night work.
Live entertainment or nightclubs
The period of work completed between midnight and 7 a.m. is considered night work.
Retail in International Tourist Areas (ITZs)
In retail establishments situated in ZTI, the work done between 21 hours and 6 hours is considered night work.
An employee shall be considered to be a night worker if he fulfills one of the following conditions:
- At least work 2 times per week, according to his usual working hours, at least 3 hours during the night work period
- Performed 270 hours at night over a reference period of 12 continuous months
In retail establishments of ZTI, hours worked in the evening (between 9 p.m. and the beginning of the night period) are taken into account for the status of night worker.
FYI
The night work for young people under 18 is prohibited. In certain sectors (e.g. bakery), derogations from this prohibition may be given by the labor inspector.
Daily Duration
Daily night work may not exceed 8 hours straight.
In exceptional circumstances, the labor inspector may authorize the exceeding of eight hours in a row.
In this case, the employer shall consult the trade union representatives and seek the opinion of the Social and Economic Committee (ESC).
In the absence of an institution representing the employees, the employer must send a document certifying that the employees have been informed beforehand.
The request, accompanied by the necessary supporting documents, shall be forwarded by the employer to the labor inspector.
Weekly Duration
The duration of night work, calculated over a continuous period of 12 weeks, may not exceed 40 hours per week on average.
The night worker shall be entitled to daily rest of 11 hours must be taken after the period worked.
Counterparties in the form of compensating rest are mandatory.
A salary increase may be added to the compensatory rest.
The fact of working night shifts allows the employee to benefit from a certain number of guarantees.
Does the night worker have specific medical supervision?
Before being assigned to a night shift, the night worker must spend a information and prevention visit (Vip).
This visit is carried out by a health professional (e.g. an occupational doctor, a nurse).
The occupational physician may prescribe additional specialized examinations. They are the responsibility of the employer.
Can you force a worker to work at night?
Répondez aux questions successives et les réponses s’afficheront automatiquement
General case
The employer cannot impose night work on a day worker.
Assignment to a night shift is a amendment of the contract of employment that the employee may refuse.
If the employee refuses, the employer may cancel the proposed amendment to the employment contract or initiate dismissal proceedings.
Imperative family obligations
If night work is incompatible with overriding family obligations (e.g. childcare), the employee's refusal to work at night is not misconduct or grounds for dismissal.
Can the night worker request a return to a day shift?
In some cases, night workers may be assigned to a day shift.
Répondez aux questions successives et les réponses s’afficheront automatiquement
Imperative family obligations
If night work is incompatible with overriding family obligations (e.g. childcare), the employee may ask to work on a day shift subject to availability.
Health reasons
If the employee's state of health, as ascertained by the occupational doctor, so requires, the employee shall be assigned to a day shift.
This position corresponds to his qualification.
At his request, or if the occupational doctor so recommends, the pregnant employee or who has just given birth has been reclassified to a day shift.
Personal Suitability
If the employee wishes to occupy or resume a day job, he or she shall be accorded priority for the assignment of a job of his or her occupational category or equivalent.
The employer must inform him of the corresponding jobs available.
FYI
this priority of employment also applies if a day worker wishes to take up or take up a night shift.
Who can help me?
Find who can answer your questions in your region
Telephone administrative information - Allo Public Service
The informants who answer you belong to the ministry responsible for labor.
Cost: free service
Attention: the service does not respond questions relating to unemployment compensation and representations to Pôle emploi, civil servants or public service contractors, the amount or payment of social, wage or employer contributions.
The service is available at the following times:
- Monday: 8.30am to 5.30pm
- Tuesday: 8:30 to 12:15
- Wednesday: 8:30 to 12:15
- Thursday: 8.30am to 5.30pm
- Friday: 1 p.m. to 4:15 p.m
- Lundi : de 08h30 à 17h30
- Mardi : de 08h30 à 12h15
- Mercredi : de 08h30 à 12h15
- Jeudi : de 08h30 à 17h30
- Vendredi : de 13h00 à 16h15
Use of night work
Implementation by agreement
Supplementary provisions
Exceeded daily maximum
Collective Bargaining
Agreement of the labor inspector in case of silence on the request for authorization or derogation for night work
The employee who is medically pregnant or who has given birth
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